Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Côte d'Ivoire (Ratification: 1987)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on labour inspection and administration, the Committee considers it appropriate to examine Conventions Nos 81 (labour inspection), 129 (labour inspection in agriculture) and 150 (labour administration) in a single comment.

A.Labour inspection

Article 3 of Convention No. 81 and Article 6 of Convention No. 129. Functions of the labour inspectorate. Legislation. In reply to the Committee’s previous comment, the Government indicates that the enforcement of the legislation that is in force is still the main function of labour inspectors, but they also have the role of providing advice to users and reporting to their superiors any shortcomings identified. The Government adds that, although labour inspectors are also responsible for the settlement of labour disputes, this function, which contributes to the application of legislation and the maintenance of a peaceful social environment, does not replace enforcement activities, but on the contrary supplements them effectively. The Government adds that a process of reform of the labour inspection services has been commenced. The Committee recalls that Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129 set out the principal functions of the labour inspection system, and that Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129 provide that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way their authority and impartiality. Noting the absence of specific information in this regard, the Committee requests the Government to provide detailed information on the proportion of time and staff dedicated to the settlement of disputes by the labour inspection services. The Committee also requests the Government to continue providing all relevant information on the process of reform in the labour inspection services.

Article 5(a) of Convention No. 81 and Article 12(a) of Convention No. 129. Effective cooperation between the inspection services and other Government services engaged in similar activities. The Committee notes that, according to the Government’s indications, there is no collaboration between the labour inspection services and those of the National Social Insurance Fund (CNPS) in relation to the occupational safety and health inspections carried out in enterprises. In this regard, the Committee requests the Government to refer to its comments under Article 15(1) of the Occupational Safety and Health Convention, 1981 (No. 155), and Article 4(3)(g) of the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187).

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. In reply to the Committee’s previous comment, the Government indicates that labour inspectors and medical labour inspectors are recruited through competitions organized by the Ministry of the Public Service, that inspectors undertake initial training at the National School of Administration and that the number of participants in the three training cycles is based on the needs indicated by the Ministry of Labour and the budget allocated by the State. The Government specifies that, in addition to a degree in medicine, medical labour inspectors must have a certificate of specialized studies in occupational medicine. Finally, the Government indicates the number of students who followed each of the three training cycles provided in the 2015–16 and 2016–17 academic years. The Committee notes this information, which replies to its previous request. The Committee however requests the Government to: (i) continue providing detailed information on the number of participants in the different training cycles; and (ii) provide fuller information on the initial training provided to labour inspectors, including the subjects covered and the duration of the courses, and the further training provided, where appropriate.

With reference to the agricultural sector, the Committee noted in its previous comment that there were still no inspectors specializing in agriculture or specifically trained in this area, and it requested the Government to take the necessary measures to ensure that inspectors covering the sector are provided with adequate training. The Committee notes that, according to the Government’s indications, labour inspectors receive a general training so that they can intervene in all sectors in their assigned area. The Committee further notes that the Government is endeavouring to strengthen the capacities of labour inspectors in certain sectors, including agriculture. In light of the specific characteristics of the agricultural sector, the Committee requests the Government to ensure that both adequate initial training and the necessary further training are provided to labour inspectors called upon to intervene in the sector. It also requests the Government to continue providing information on any developments in this regard.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources. In reply to the Committee’s previous comment, the Government has provided a table showing the distribution of the 252 labour inspectors in 2018 in the services of the General Directorate of Labour (DGT), namely: 71 labour controllers, 82 labour attachés, 14 medical labour inspectors and 85 labour administrators. The Government adds that the DGT has an annual budget through which it can acquire office materials and furnishings and that urgent requests have been made to the competent authorities to obtain an increase in the budget, which was not very high. The Committee notes that, according to the Government’s indications, particular efforts have been made for the purchase of computer equipment and service vehicles. However, the Committee notes from the Decent Work Country Profile, drawn up in April 2020 by the Ministry of Employment and Social Protection of Côte d’Ivoire in collaboration with the Office, that the number of labour inspectors is still inadequate in relation to the number of establishments to be inspected and that the resources allocated are also inadequate to cope with the new challenges of the world of work, and particularly the informal economy. The Committee therefore requests the Government to: (i) continue its efforts to increase the budget allocated to the labour inspection services and to reinforce all the human and material resources available to the services for the discharge of their functions; (ii) provide full information and relevant data on this subject (including the amount of the budget allocated, the number of computers and vehicles available, etc.); and (iii) continue to provide detailed information on the number of labour inspectors, their assignment in the various services of the DGT and, as appropriate, the number of inspectors assigned to the agricultural sector.

Articles 16 and 21(c) of Convention No. 81 and Articles 21 and 27(c) of Convention No. 129. Inspections and statistics on workplaces liable to inspection.Noting the Government’s indication that it is engaged in reflection with a view to commencing a study that would lead to the identification of all the enterprises liable to inspection, the Committee encourages it to continue its efforts in this regard. With reference to statistics on workplaces liable to inspection, the Committee requests the Government to refer to the comment below on Articles 19 to 21 of Convention No. 81 and Articles 25 to 27 of Convention No. 129.

Articles 19, 20 and 21 of Convention No. 81 and Articles 25, 26 and 27 of Convention No. 129. Periodic and annual reports on the work of the labour inspection services. The Committee notes the Government’s indication that 1398 enterprise inspections were undertaken in 2017. Although the Committee also notes that all the DGT services provide an annual report containing information on their activities, it however notes that neither the compilation of these activities, to which the Government refers in its report, nor the annual report on the work of the labour inspection services have been received by the Office. The Committee once again notes with regret that the Government has not provided any information on the progress achieved in the preparation of an annual report on the work of the labour inspection services. The Committee urges the Government to take the necessary measures to ensure that annual inspection reports are published and communicated to the ILO in accordance with the provisions of Articles 20 and 21 of Convention No. 81 and Articles 26 and 27 of Convention No. 129.

B.Labour administration

Article 6(2) of Convention No. 150. National employment policy. In response to the Committee’s request for information on the measures taken to ensure the monitoring and evaluation of the National Employment Policy 2016-20 by the labour administration system, and on any new national employment policy, the Government indicates that the principal achievement of the National Employment Policy 2016-20 was the establishment in July 2017 of the “Employment Committee”, with responsibility for coordinating the implementation of action and measures under the National Employment Policy 2016-20, and particularly for coordinating and managing initiatives and activities to promote and facilitate employment creation, monitor employment creation initiatives and prepare regular reports on the implementation of the Policy. The Employment Committee is composed of representatives of the Government, of representative employers’ organizations and trade union confederations, as well as of international technical and financial partners, including the Office. The Committee notes that the Employment Committee did not cease to exist when the National Employment Policy 2016-20 expired and that, under the terms of Order No. 065/MEPS/CAB of 24 November 2021, its responsibilities include coordinating and monitoring action and measures related to the National Employment Policy. The Committee notes this information, which replies to its previous request.

Article 8. Contribution to the preparation of the national policy concerning international labour affairs and the representation of the State with respect to such affairs. In reply to the Committee’s previous comment, the Government indicates that Order No. 2019-067 MEPS/CAB/DGT establishing and setting out the functions, organization and operation of the Tripartite Advisory Committee on International Labour Standards (CCTNIT) was adopted on 22 August 2019, that the members of the Committee were appointed in January 2020 and that the Committee has met on ten occasions. The Committee notes that, under the terms of the Order, the responsibilities of the CCTNIT include issuing views on draft Government interventions on the items on the agenda of the International Labour Conference, draft international instruments to be submitted to the National Assembly in accordance with article 19 of the ILO Constitution, the examination of unratified Conventions and Recommendations to which effect has not yet been given, draft reports prepared under article 22 of the ILO Constitution and proposals for the denunciation of ratified Conventions. The Committee notes this information, which replies to its previous request.

Article 9. Monitoring of relevant local and regional agencies. The Committee notes the labour-related activities which have been delegated to the 29 regional directorates, to the departmental directorate and to the 13 labour inspection services which make up the DGT, as well as the functions attributed to the General Labour Inspectorate by Decree No. 2021-803 of 8 December 2021 on the organization of the Ministry of Employment and Social Protection. Noting, however, that the Government has not provided information on the means of verifying that the agencies to which activities have been delegated in the field of labour administration are operating in accordance with national laws and regulations and are adhering to the objectives assigned to them, the Committee requests the Government to provide any relevant information on this subject.

Article 10. Material and financial resources necessary for the effective performance of the duties of the staff of the labour administration system. The Committee notes that, in reply to the observations of the General Confederation of Enterprises of Côte d’Ivoire (CGECI), which had noted the low level of resources available to the labour administration, the Government indicates that measures are being taken progressively to reinforce the material, human and financial resources available to the labour administration system and that the labour and social protection inspection services are now equipped with computers and vehicles. The Committee notes this information and requests the Government to continue its efforts to reinforce all the material and financial resources made available to the labour administration services. The Committee also requests the Government to provide full information and relevant data on this subject (level of the budget allocated, number of computers and vehicles supplied, etc.).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

In order to provide a comprehensive view of the issues relating to the application of the ratified governance Conventions on labour inspection, the Committee sees fit to examine Convention No. 81 and Convention No. 129 in a single comment.

The Committee notes Act No. 2015-532 of 20 July 2015 issuing the Labour Code.

Article 3(1) and (2) of Convention No. 81 and Article 6 of Convention No. 129. Functions of the labour inspectorate. Legislation. The Committee notes section 91.3 of the Labour Code, which provides that the inspectorate of labour and social legislation is responsible for all matters relating, inter alia, to conditions of work, labour relations and employment. It also notes that section 81.2 assigns a conciliation function to the labour inspectorate regarding individual labour disputes before any recourse is had to the labour tribunal. The Committee refers to Article 3(1) of Convention No. 81 and Article 6(1) of Convention No. 129, which determines the primary duties of the labour inspectorate, and Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, which provides that any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice their authority and impartiality. It also draws the Government’s attention to Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), according to which the functions of labour inspectors should not include that of acting as conciliator or arbitrator in proceedings concerning labour disputes. Moreover, the Committee recalls from the guidance provided in Paragraph 3(3) of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133) that where labour inspectors are charged with these functions, measures should be taken with a view to relieving them progressively of such functions. The Committee requests the Government to provide detailed information on the primary functions of the labour inspection service as provided for in Article 3(1) within the meaning of Convention No. 81 and Article 6(1) of Convention No. 129, as well as the number of staff and time dedicated to other functions within the meaning of Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129.

Article 7 of Convention No. 81 and Article 9 of Convention No. 129. Recruitment and training of labour inspectors. In its previous comments, the Committee noted that labour inspectors were recruited through a competition, and their training comprised three cycles. The Government indicates that these competitions are organized by the minister responsible for the civil service. However, the Government does not specify the criteria or procedures for the recruitment of inspectors, or the number of participants in the different training cycles, as had been requested by the Committee. The Committee once again requests the Government to provide information on the criteria and procedures in force for the recruitment of labour inspectors and to indicate the number of participants in the different training cycles.

With regard to agriculture, the Committee previously observed that there were no labour inspectors specializing in agriculture or specifically trained in this area. The Committee notes that no progress has been made in this respect. It draws the Government’s attention to Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133). The Committee requests the Government once again to take the necessary steps to provide labour inspectors in agriculture with adequate training for the performance of their duties and to keep it informed of any developments in this respect.

Articles 10 and 11 of Convention No. 81 and Articles 14 and 15 of Convention No. 129. Human and material resources. In its previous comment, the Committee noted the observations of the General Confederation of Enterprises of Côte d’Ivoire (CGECI), to the effect that difficulties in the labour inspection services were due to the inadequate resources made available to them by the Government. It asked the Government to provide information on the number of labour inspectors in the various regional and departmental directorates and on the material resources available for the performance of their duties.

The Committee notes the Government’s indications that the directorate-general for labour comprises 255 labour technicians and 38 inspection services, including 15 regional directorates and ten departmental directorates. The Government also indicates that all departments have an annual budget allocation, that major investments were made in the 2013–15 period to build the capacity of the labour administration and that it is working on resolving certain constraints relating to the functionality of premises and equipment. However, it explains that real efforts still need to be made with regard to means of transport. The Committee also notes that the Government has not supplied any information on the material resources available to the labour inspectorate in agriculture. The Committee requests the Government to indicate, for example in the form of tables, the number of labour inspectors and their categories for each of the 38 labour inspection services. It also requests it to specify the material resources available to the labour inspectorate (including in agriculture), such as vehicles, premises, computers, printers, telephones, etc., and on all the steps taken to increase these material resources, particularly means of transport, and to enable labour inspectors to perform their duties effectively.

Articles 16 and 21(c) of Convention No. 81 and Articles 21 and 27(c) of Convention No. 129. Inspections and register of workplaces liable to inspection. In its previous comment, the Committee noted the observations of the CGECI, to the effect that inspectors, since they had inadequate resources available to them, confined themselves to receiving and dealing with complaints, and appeared to focus essentially on formal sector enterprises. The Committee asked the Government to inform it of any measures taken, especially as part of inter-institutional cooperation, to ensure the development and maintenance of a reliable register of workplaces liable to labour inspection. The Committee also asked the Government to provide statistical data on inspections disaggregated by the sectors concerned, including agriculture.

The Committee notes the Government’s indication that 1,042 inspections were carried out in 2014 (across all sectors) but that it does not provide any reply with regard to the other matters raised by the Committee. The Committee requests the Government to provide information on the measures taken and the progress made regarding the establishment of a register of workplaces liable to inspection and to provide statistical data on the number of inspections carried out by sector and type of inspection visits.

Articles 19–21 of Convention No. 81 and Articles 25–27 of Convention No. 129. Periodic and annual reports on the work of the labour inspection services. Referring to its previous comments, the Committee notes with regret that the Government has not supplied any information on progress made regarding the preparation of an annual report on the work of the labour inspection services. However, the Committee notes that section 91.1 of the new Labour Code provides that the labour administration shall draw up and publish an annual report on the work of the services under its control. The Committee therefore requests the Government to provide information on all the measures taken regarding the preparation of an annual report containing all available information on the subjects specified in Article 21 of Convention No. 81 and Article 27 of Convention No. 129, on the understanding that information concerning agriculture may be published as a separate report or as part of a general annual report. In any event, the Committee requests the Government to send as detailed information as possible on the number of workplaces liable to inspection and the number of workers employed therein, the number of inspections carried out and the results thereof (number of violations recorded, the legal or regulatory provisions concerned, the penalties applied, etc.), and also on occupational accidents and diseases and their causes.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee refers to its comments under the Labour Inspection Convention, 1947 (No. 81), in so far as they concern the application of this Convention.

The Committee notes the communication from the General Confederation of Enterprises of Côte d’Ivoire (CGECI), dated 22 November 2010.

Article 9 of the Convention. Training of labour inspection personnel for the agricultural sector. The Committee notes the information provided by the Government and by the CGECI that there are no labour inspectors specialized in agriculture. It also notes that, according to the Government’s report, there are labour inspection medical doctors who are trained in all aspects relating to occupational safety and health. The Committee reminds the Government once again that, in accordance with Article 9(3) of the Convention, labour inspectors shall be adequately trained for the performance of their duties. Indeed, the special characteristics of the agricultural sector, particularly due to the use of pesticides and other chemicals, require technical knowledge in the field. The Committee urges the Government to take the necessary measures to provide adequate training for labour inspectors in the agricultural sector for the discharge of their duties and to keep the Office informed of the measures adopted and their impact. In this respect, the Committee draws the Government’s attention to the guidance provided in Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), concerning the minimum competencies necessary for labour inspectors who are to be made responsible for the agricultural sector.

Articles 14 and 15. Material resources essential to the performance of labour inspection duties. The Committee notes with regret the indication in the Government’s report that the system of labour inspection is still lacking adequate equipment, vehicles and suitable transport facilities that are indispensible for the discharge of its functions. It also notes that, according to CGECI, the human, financial and material resources allocated are inadequate and do not allow specific coverage of the needs of the agricultural sector in relation to the monitoring of the enforcement of laws and regulations, as well as the prevention of occupational risks. The Committee reminds the Government that, by ratifying the Convention, it undertook to take the necessary measures for its implementation in law and practice. As equipment and/or transport facilities are indispensible for the discharge of inspection functions in agricultural undertakings, it is the Government’s responsibility to make every effort to provide such facilities to inspection services covering rural areas that are not served by public transport. The Committee urges the Government to take all the necessary measures (within the framework of the national budget and, if necessary, by seeking international financial cooperation) to ensure that the labour inspection services are provided with adequate means of action and to enable labour inspectors to discharge their functions effectively (including, for example, suitably equipped offices, facilities and means of transport, the technical equipment necessary for the analysis of products and substances that are handled and used, etc.).

Articles 21 and 27(c). Inspections and register of agricultural undertakings liable to inspection. The Committee notes that one of the Government’s objectives is to map all the enterprises active throughout the national territory, and that this project has been delayed due to the socio-political crisis which divided the country into two. The Committee also notes the information provided by the Government on the number of enterprises, workers, violations and sanctions. The Government indicates that this information has been gathered as a result of constant cooperation between institutions and public and para-public bodies possessing data relevant to labour inspection. The Committee requests the Government to continue making efforts with a view to the progressive mapping of agricultural undertakings liable to inspection. It invites the Government to provide the Office with information on any measures adopted or envisaged for the development and maintenance of a register of agricultural undertakings. It also requests the Government to provide detailed information on inspections of agricultural undertakings.

Articles 26 and 27. Publication and content of the annual report on the work of the labour inspection services in agriculture. The Committee requests the Government to continue making efforts to ensure that the central labour inspection authority publishes and transmits to the Office as rapidly as possible an annual report containing all the information available on the subjects covered by Article 27 of the Convention.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report makes no reference to any progress on the matters raised in its previous comments.

Articles 14 and 15 of the Convention. Material resources essential to the performance of labour inspection duties. According to the Government, the lack of progress in applying the Convention is due to the inadequate material resources available to the labour inspectorate, and in particular the absence of suitable transport facilities for visits to agricultural undertakings in remote rural areas. The Committee reminds the Government that in ratifying the Convention, it undertook to adopt the necessary measures to apply the Convention in law and in practice. Since transport facilities are essential to the performance of inspection duties in agricultural undertakings, it is up to the Government to do its utmost to provide such facilities for the inspection services working in rural areas with no public transport. The Committee requests the Government to take all necessary measures (under the national budget and, if necessary, by seeking international financial cooperation) to provide labour inspectors visiting agricultural undertakings with the means of action and the vehicles and/or transport facilities they need to perform their duties, in accordance with the abovementioned provisions of the Convention. The Government is asked to keep the Office informed of any such measures and of progress made in the period covered by its next report.

Article 9. Training a sufficient number of suitably qualified labour inspection staff for the agricultural sector, particularly in the area of the safety and health risks facing agricultural workers. In its previous observation the Committee stressed the need to train sufficient numbers of qualified inspection staff particularly in the area of the occupational safety and health risks facing agricultural workers. The Government indicates that the duties of the inspectorate are comprehensive in scope, so the training provided for labour inspectors is multi-sectoral. Every inspector is therefore expected to work in all sectors of activity. In the Government’s view, an inspection system organized in this way is on no account at odds with the Convention. The Committee is bound to point out that although the Convention does not require a specific body of inspectors to be created solely for the agricultural sector, it does provide, in Article 9(3), that labour inspectors in agriculture shall be adequately trained for the performance of their duties. Furthermore, measures must be taken to give them appropriate further training in the course of their employment. Accordingly, even where the coverage of a labour inspectorate is comprehensive, specific training is necessary for inspectors who work or who will work in the agricultural sector. There are activities specific to the agricultural sector – for example those involving the use of pesticides and other chemicals – for which technical knowledge must be acquired. The Committee draws the Government’s attention to Paragraphs 4–7 of the Labour Inspection (Agriculture) Recommendation, 1969 (No. 133), on the minimum qualifications needed by labour inspectors called upon to work in the agricultural sector, and again urges it to take the necessary steps to ensure that inspectors who work or will be called upon to work in agricultural undertakings receive suitable training, and to provide information on these measures and their results.

Articles 3, 14, 16, 18, 21, 25, 26 and 27. Inspection work in agricultural undertakings and the requirement to submit reports. Further to its previous comments and to its general observation of 2009, the Committee notes the Government’s acknowledgement that in a country which is essentially agricultural, statistics on agricultural undertakings and the workers they employ are an absolute necessity. It notes that, unfortunately, an attempt to record the workplaces liable to inspection was unsuccessful. Noting that the Government has expressed a need for ILO technical assistance in compiling a register of agricultural undertakings, the Committee can only commend the Government on its initiation of such an operation and points out that it is essential to examine why it did not succeed and to look for other approaches. The Committee requests the Government to provide full information and any documentation relevant to the measures set in motion to compile a chart of agricultural undertakings (instructions, circulars, forms, inspection reports, etc.), together with a detailed explanation of why the project was not completed.

The Committee requests the Government to take decisive steps to promote cooperation between the institutions and public and semi-public bodies that have data relevant to the labour inspectorate with a view to gradually recording agricultural undertakings, as a first step listing at least plantations and other intensive farming enterprises (national, multi-national or combined), and to provide information on these measures and the results obtained during the period covered by the next report on the application of this Convention.

Lastly, the Committee requests the Government to ensure that pending the establishment, with ILO technical assistance, of a register of agricultural undertakings, the central inspection authority publishes and sends to the ILO at the earliest possible date and on an annual basis, all available information on inspection activities and their outcome (applicable legislation, inspection staff involved, number of undertakings and workers covered, control of legislation, raising awareness of occupational risks, warnings, penalties imposed and actually applied, etc.) in agricultural undertakings in the period covered by the next report.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 12, paragraph 1, and Article 27(e) of the Convention. Cooperation between the inspection services in agriculture and the judiciary. Also referring to its observation, the Committee duly notes the statement, in reply to its general observation of 2007, to the effect that measures have been taken in the form of holding seminars to ensure effective cooperation between the labour inspection system and the judiciary. Noting that these measures should consist of establishing a system for the registration of court decisions which is accessible to the labour inspectorate to enable the central authority to have a database with the relevant information, the Committee requests the Government to provide further information on any new developments in this respect, and also a copy of any relevant document.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report does not refer to any positive developments with regard to the application of the Convention.

The Committee’s previous request referred to the question of training of labour inspectors in agriculture (Article 9 of the Convention), the material resources available for the performance of their duties, especially office and transport facilities and the reimbursement of labour inspectors’ travel costs related to their work in agriculture (Article 15), and preventive controls in agricultural undertakings, as envisaged in Article 17.

In an observation to the Government in 1999, the Committee drew attention to the fact that no annual report on the work of the labour inspection services had been sent to the ILO.

In its 2002 report relating to the application of the Convention, the Government announced, however, in relation to Articles 14 and 15, that since 2001 the training of labour inspectors working in agricultural areas had resumed at the National School of Administration in Abidjan and that additional staff were expected, namely seven labour administrators, ten labour attachés and 12 labour controllers. In its observation of 2003, the Committee requested the Government to supply information on any steps taken towards the establishment of an inspection system in agriculture and on any progress made, and it also requested the Government to supply documentation and information of a practical nature on inspection activities undertaken in the area of combating child labour.

The Government’s report received in 2004 indicated that there were still no specialist labour inspectors in agriculture. Not only were there insufficient material resources to meet the professional requirements of inspectors working in agricultural areas, but also the inadequately equipped labour inspection offices were located without taking into consideration the geographical distribution of agricultural enterprises.

With reference to the report made in relation to the Labour Inspection Convention, 1947 (No. 81), received in 2008, in which reference is made to a substantial reinforcement of labour inspection staff and structures, the Committee notes with concern that, according to repeated statements by the Government in 2006 and 2009, no progress has been made in the application of the present Convention. It is therefore bound to remind the Government that, in ratifying the Convention, it undertook to take the necessary steps to implement it in law and in practice, particularly by establishing, in accordance with Article 6(1), a system of labour inspection whose functions would be: (a) to secure the enforcement of the legal provisions relating to conditions of work and the protection of agricultural workers while engaged in their work; (b) to supply technical information and advice to employers and workers concerning the most effective means of complying with the legal provisions; and (c) to bring to the notice of the competent authority defects or abuses not specifically covered by existing legal provisions and to submit to it proposals on the improvement of laws and regulations. In view of the large numbers of workers occupied in the agricultural sector in the country (men, women and children), especially in coffee, cotton, banana, oil palm and cocoa plantations and other agricultural undertakings, and also in view of the specific occupational risks to which these persons are exposed because of pesticides and other toxic substances handled and used in their environment, the Committee considers that there is an urgent need for the Government to meet its commitments deriving from the ratification of this Convention. In its General Survey of 2006 on labour inspection, the Committee emphasized in its final remarks that the priority nature of labour inspection should be reflected in the level of resources allocated and that a strong and effective labour inspectorate provides not only better protection, but also better prevention and productivity at work, to the benefit of everyone (paragraphs 371–374).

The Committee urges the Government to take all necessary steps to ensure the application of this Convention, particularly through the training of sufficient numbers of qualified inspection staff in the area of the occupational safety and health of agricultural workers, and equipping these staff with sufficient resources to meet the requirements of inspection in agricultural undertakings (appropriate office and transport facilities, technical equipment needed for the analysis of products and substances handled and used, etc.).

The Committee also requests the Government to ensure that information on inspection activities in agricultural undertakings included periodic reports which are sent to the central authority so that the latter can include the information in an annual report which is published and a copy of which is sent to the ILO, as provided for in Articles 26 and 27. Until such time as the conditions exist for the publication of such a report, the Committee urges the Government to keep the Office informed of the inspection activities carried out in agricultural undertakings and the results achieved during the period covered by the next report.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Government merely indicates in its report that no changes have taken place during the reporting period.

Article 9, paragraph 3, of the Convention. Training of labour inspectors in agriculture. In its previous report, the Government indicated that the training of labour inspectors did not include any specialization in agriculture and that there was no specific further training for labour inspectors operating in regions where there are many agricultural undertakings. With reference to its comment under Convention No. 81 concerning the annual training plan for labour inspectors, the Committee would be grateful if the Government would take steps to remedy this deficiency by ensuring that initial specific training with regard to inspection in agricultural undertakings is given to inspectors who perform their duties in agricultural regions, and that this training is supplemented by in-service training. The Government is requested to supply information on any measure taken in this regard and on the progress made.

Article 15. Labour inspection resources in agriculture. Referring once again to the Government’s previous report regarding the inadequacy and unsuitability of resources in relation to needs, the Committee also refers to its report on Convention No. 81 containing information on improving the material resources of the Labour Inspectorate and requests the Government to take steps to identify the specific priority needs of inspection in agriculture in order to plan appropriate budgetary allocations, especially with regard to office premises, transport facilities and the reimbursement of labour inspectors’ travel costs related to their work.

Article 17. Preventive control of plant, substances and processes. The Committee noted that although the Labour Code makes provision for associating the services of the agricultural labour inspectorate in the preventive control of new plant, substances and processes which are likely to constitute a threat to health or safety, such controls are not widespread. It therefore requests the Government to take measures to extend the scope of such activity in practice and to keep the ILO informed.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government merely indicates in its report that no changes have taken place during the reporting period. However, it hopes that the Government will supply information in reply to its previous comments, which covered the following points.

1. Article 9, paragraph 3, of the Convention. Training of labour inspectors in agriculture. In its previous report, the Government indicated that the training of labour inspectors did not include any specialization in agriculture and that there was no specific further training for labour inspectors operating in regions where there are many agricultural undertakings. With reference to its comment under Convention No. 81 concerning the annual training plan for labour inspectors, the Committee would be grateful if the Government would take steps to remedy this deficiency by ensuring that initial specific training with regard to inspection in agricultural undertakings is given to inspectors who perform their duties in agricultural regions, and that this training is supplemented by in-service training. The Government is requested to supply information on any measure taken in this regard and on the progress made.

2. Article 15. Labour inspection resources in agriculture. Referring once again to the Government’s previous report regarding the inadequacy and unsuitability of resources in relation to needs, the Committee also refers to its report on Convention No. 81 containing information on improving the material resources of the Labour Inspectorate and requests the Government to take steps to identify the specific priority needs of inspection in agriculture in order to plan appropriate budgetary allocations, especially with regard to office premises, transport facilities and the reimbursement of labour inspectors’ travel costs related to their work.

3. Article 17. Preventive control of plant, substances and processes. The Committee noted that although the Labour Code makes provision for associating the services of the agricultural labour inspectorate in the preventive control of new plant, substances and processes which are likely to constitute a threat to health or safety, such controls are not widespread. It therefore requests the Government to take measures to extend the scope of such activity in practice and to keep the ILO informed.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information supplied by the Government in its report. With reference to its direct request under Convention No. 81, it asks the Government to provide information that is as detailed as possible in its next report on the following points.

1. Training of labour inspectors in agriculture. The Committee notes that, in its report, the Government states that training for labour inspectors does not include specialization in agriculture and that there is no specific further training for labour inspectors operating in regions where there are many agricultural enterprises. It invites the Government to indicate whether measures have been taken or are envisaged to remedy this situation and to ensure that labour inspectors in agriculture receive adequate training and further training, in accordance with Article 9, paragraph 3, of the Convention.

2. Resources of labour inspectors in agriculture. The Committee notes with concern the Government’s view that labour inspectors operating in agricultural areas lack sufficient and suitable material resources for the performance of their duties, whether in terms of premises or of communication and transport facilities. It requests the Government to describe the measures taken or envisaged to provide the labour inspectorate with sufficient resources for it to carry out its duties efficiently and, in particular, with the necessary premises and transport facilities, as required by Article 15 of the Convention.

3. Preventive control of plant, substances and processes. The Committee notes that, although the Labour Code provides for the labour inspection services to be associated in the preventive control of new plant, new substances and new processes which appear likely to constitute a threat to health or safety, such controls are not widespread. It therefore asks the Government to indicate the measures taken or envisaged to ensure that such controls are carried out with the participation of the labour inspectorate, in accordance with Article 17 of the Convention.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

1. Establishing the conditions required for the operation of a labour inspection system in agricultural enterprises. The Committee notes the Government’s replies to its previous comments. In connection with its observation under Convention No. 81 and in view of the impact of the economic and political situation on the working and living conditions of people working in the agricultural sector, the Committee trusts that the Government will soon be able, if necessary with ILO technical support and international financial cooperation, to identify the human resources and material and logistical needs required for labour inspection in agricultural enterprises and to define priorities for action in this area. It requests the Government to provide information on any steps taken to this end and on any progress achieved.

2. Labour inspection and child labour in the agricultural sector. With reference to its observation of 1999 under this Convention and under Convention No. 81 and the role that labour inspectors’ should play in the strategy to combat child labour, the Committee notes from the Government’s report on the Minimum Age Convention, 1973 (No. 138), that labour inspectors have been made aware of the issue. It also notes with interest that, in the framework of the WAC/AP project (West Africa Cocoa/Agriculture Project), a committee to combat child trafficking was created and a law adopted on the subject. It requests the Government to provide any relevant documentation as well as practical information on inspection activities conducted with a view to seeking out any breaches of child labour legislation and the results of such inspection.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring also to its observation under the Convention, the Committee requests the Government to provide in its next report detailed information on the application of the following Articles of the Convention.

  Article 1. Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (Article 1(1)) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under Article 1(2).

  Article 3. Please indicate the provisions of national laws or regulations which determine the agricultural undertakings liable to labour inspections in agriculture and the categories of workers for whose protection the labour inspectorate is responsible.

  Article 6. Please indicate the legal provisions for whose enforcement the system of labour inspection in agriculture is responsible, particularly in the agricultural sector.

  Article 7. Please describe the structure or communicate the organization chart of the labour inspection services in agriculture and indicate, where appropriate, in what manner the functional specialization of officers called upon to exercise inspection activities in agriculture is ensured.

  Article 8. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, where appropriate, give details of their status, conditions of service and the powers vested in them for the exercise of their functions.

  Article 9. Please indicate whether specific conditions of entry govern recruitment of labour inspectors in agriculture or whether measures have been taken to give labour inspectors in agriculture, upon their entry into service and during the course of employment, adequate training for the performance of their duties.

  Article 10. Please indicate whether, in accordance with Article 10 of the Convention, labour inspection staff in agriculture include women and, if so, whether any special duties are assigned to them.

  Article 12. Please indicate the measures taken to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities.

  Article 13. Please indicate the measures taken by the competent authority to promote cooperation between officials of the labour inspectorate in agriculture and employers and workers, or their organizations.

  Articles 14 and 21. The Committee had noted in the Government’s report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d’administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government’s report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government’s decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996.

  Article 17. The Committee points out that under the terms of this provision the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventative control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee refers to the 1985 General Survey on labour inspection and recalls in this regard that under paragraph 11 of Recommendation No. 133 which complements this Convention, such an association should include consultation with the labour inspectorate on the introduction of such plant, materials or substances, and the methods of handling or processing products which require the use of dangerous machines or unhealthy or dangerous work processes. The Government is requested to indicate in its next report whether measures to this effect have been adopted or envisaged.

  Article 19(2). The Committee notes the Government’s concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s reports for 1996 and 1997 and the partial information provided in response to a number of the Committee’s previous comments. The Committee also noted the Government’s statement to the effect that the information concerning the labour inspectorate’s activities covers all economic sectors, including agriculture. The Committee has also examined the Government’s reports concerning the application of Convention No. 81. However, it notes that no annual report on the activities of the labour inspectorate has been communicated to the ILO either under Convention No. 129 or Convention No. 81. The Committee is therefore bound to again reiterate the need to publish annual reports, to enable the supervisory bodies of the ILO to regularly assess the manner in which effect is given to the Convention and to enable the social partners concerned to keep abreast of, to refer to, and actively participate in and contribute to the activities of the labour inspectorate in the manner provided for by the legislation. Where statistics are not classified according to economic sector of activity, the Committee is unable to assess the extent or effectiveness of the activities of the labour inspectorate. In order to do so, the Committee requires specific information on the activities of the labour inspectorate, as stipulated under Article 27 of the Convention, irrespective of whether such information is contained in the general annual report published by the labour inspectorate to assess the appropriateness of the material, financial and human resources set aside to ensure that conditions of work in the agricultural sector are met.

Moreover, the Committee notes the information provided by the Government to the effect that the inter-professional collective agreement of 20 July 1977, whose field of application at the time of adoption excluded employers and workers in the agricultural sector, now gives effect to the Convention. The Committee notes that the provisions of this inter-professional collective agreement establishes employer obligations which require close supervision by the labour inspectorate. The Committee therefore considers the publication of periodical statistics on the violations committed and sanctions imposed indispensable in this regard.

Finally, the Committee notes that copies of annual inspection reports are not transmitted to the representative organizations of employers and workers in the agricultural sector, as a consequence of which, these organizations are unable to formulate any observations they may have on the manner in which the Convention is applied.

The Committee addresses a direct request to the Government in relation to the application of Articles 1, 3, 6, 7, 8, 9, 12, 13, 14 and 21 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Referring also to its observation under the Convention, the Committee requests the Government to provide in its next report detailed information on the application of the following Articles of the Convention.

  Article 1.  Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (Article 1(1)) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under Article 1(2).

  Article 3.  Please indicate the provisions of national laws or regulations which determine the agricultural undertakings liable to labour inspections in agriculture and the categories of workers for whose protection the labour inspectorate is responsible.

  Article 6.  Please indicate the legal provisions for whose enforcement the system of labour inspection in agriculture is responsible, particularly in the agricultural sector.

  Article 7.  Please describe the structure or communicate the organization chart of the labour inspection services in agriculture and indicate, where appropriate, in what manner the functional specialization of officers called upon to exercise inspection activities in agriculture is ensured.

  Article 8.  Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, where appropriate, give details of their status, conditions of service and the powers vested in them for the exercise of their functions.

  Article 9.  Please indicate whether specific conditions of entry govern recruitment of labour inspectors in agriculture or whether measures have been taken to give labour inspectors in agriculture, upon their entry into service and during the course of employment, adequate training for the performance of their duties.

  Article 10.  Please indicate whether, in accordance with Article 10 of the Convention, labour inspection staff in agriculture include women and, if so, whether any special duties are assigned to them.

  Article 12.  Please indicate the measures taken to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities.

  Article 13.  Please indicate the measures taken by the competent authority to promote cooperation between officials of the labour inspectorate in agriculture and employers and workers, or their organizations.

  Articles 14 and 21.  The Committee had noted in the Government’s report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d’administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government’s report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government’s decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996.

  Article 17.  The Committee points out that under the terms of this provision the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventative control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee refers to the 1985 General Survey on labour inspection and recalls in this regard that under paragraph 11 of Recommendation No. 133 which complements this Convention, such an association should include consultation with the labour inspectorate on the introduction of such plant, materials or substances, and the methods of handling or processing products which require the use of dangerous machines or unhealthy or dangerous work processes. The Government is requested to indicate in its next report whether measures to this effect have been adopted or envisaged.

  Article 19(2).  The Committee notes the Government’s concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

The Committee notes the Government’s reports for 1996 and 1997 and the partial information provided in response to a number of the Committee’s previous comments. The Committee also noted the Government’s statement to the effect that the information concerning the labour inspectorate’s activities covers all economic sectors, including agriculture. The Committee has also examined the Government’s reports concerning the application of Convention No. 81. However, it notes that no annual report on the activities of the labour inspectorate has been communicated to the ILO either under Convention No. 129 or Convention No. 81. The Committee is therefore bound to again reiterate the need to publish annual reports, to enable the supervisory bodies of the ILO to regularly assess the manner in which effect is given to the Convention and to enable the social partners concerned to keep abreast of, to refer to, and actively participate in and contribute to the activities of the labour inspectorate in the manner provided for by the legislation. Where statistics are not classified according to economic sector of activity, the Committee is unable to assess the extent or effectiveness of the activities of the labour inspectorate. In order to do so, the Committee requires specific information on the activities of the labour inspectorate, as stipulated under Article 27 of the Convention, irrespective of whether such information is contained in the general annual report published by the labour inspectorate to assess the appropriateness of the material, financial and human resources set aside to ensure that conditions of work in the agricultural sector are met.

Moreover, the Committee notes the information provided by the Government to the effect that the inter-professional collective agreement of 20 July 1977, whose field of application at the time of adoption excluded employers and workers in the agricultural sector, now gives effect to the Convention. The Committee notes that the provisions of this inter-professional collective agreement establishes employer obligations which require close supervision by the labour inspectorate. The Committee therefore considers the publication of periodical statistics on the violations committed and sanctions imposed indispensable in this regard.

Finally, the Committee notes that copies of annual inspection reports are not transmitted to the representative organizations of employers and workers in the agricultural sector, as a consequence of which, these organizations are unable to formulate any observations they may have on the manner in which the Convention is applied.

The Committee addresses a direct request to the Government in relation to the application of Articles 1, 3, 6, 7, 8, 9, 12, 13, 14 and 21 of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring also to its observation under the Convention, the Committee requests the Government to provide in its next report detailed information on the application of the following Articles of the Convention.

Article 1. Please indicate the provisions of national laws or regulations which define the term "agricultural undertaking" for the purpose of the Convention (paragraph 1) and, where necessary, the decisions taken and the procedure followed for consultation with the most representative organizations of employers and workers, as required under paragraph 2.

Article 3. Please indicate the provisions of national laws or regulations which determine the agricultural undertakings liable to labour inspections in agriculture and the categories of workers for whose protection the labour inspectorate is responsible.

Article 6. Please indicate the legal provisions for whose enforcement the system of labour inspection in agriculture is responsible, particularly in the agricultural sector.

Article 7. Please describe the structure or communicate the organization chart of the labour inspection services in agriculture and indicate, where appropriate, in what manner the functional specialization of officers called upon to exercise inspection activities in agriculture is ensured.

Article 8. Please indicate whether and in what manner officials or representatives of occupational organizations have been included in the system of labour inspection and, where appropriate, give details of their status, conditions of service and the powers vested in them for the exercise of their functions.

Article 9. Please indicate whether specific conditions of entry govern recruitment of labour inspectors in agriculture or whether measures have been taken to give labour inspectors in agriculture, upon their entry into service and during the course of employment, adequate training for the performance of their duties.

Article 10. Please indicate whether, in accordance with Article 10 of the Convention, labour inspection staff in agriculture include women and, if so, whether any special duties are assigned to them.

Article 12. Please indicate the measures taken to promote effective cooperation between the inspection services in agriculture and government services and public or approved institutions which may be engaged in similar activities.

Article 13. Please indicate the measures taken by the competent authority to promote cooperation between officials of the labour inspectorate in agriculture and employers and workers, or their organizations.

Articles 14 and 21. The Committee had noted in the Government's report for 1995 on the application of Convention No. 81 that efforts had been undertaken to increase the number of labour inspectors by recruiting 19 technicians educated at the Ecole nationale d'administration. The ten labour administrators, four assistant administrators and five supervisors, took up their duties in January 1996. The Committee also notes the information contained in the Government's report on Convention No. 128 to the effect that the Government would be releasing additional funds for the employment, public service and social welfare sectors. It further notes the Government's decision, endorsed by the Council of Ministers, to increase the material resources available to labour inspectors. The Committee would be grateful if the Government would specify the number of inspectors appointed exclusively to the agricultural sector, the geographical distribution of labour inspection offices, as well as the number of agricultural undertakings liable to inspection and the number of persons working in such undertakings. Moreover, the Committee requests the Government to provide specific information on the impact of the 19 additional inspectors on the inspection visits carried out in the agricultural sector, and in particular the number of agricultural undertakings inspected since 1996.

Article 17. The Committee points out that under the terms of this provision the labour inspection services in agriculture shall be associated, in such cases and in such manner as may be determined by the competent authority, in the preventative control of new plant, new materials or substances and new methods of handling or processing products which appear likely to constitute a threat to health or safety. The Committee refers to the 1985 General Survey on labour inspection and recalls in this regard that under paragraph 11 of Recommendation No. 133 which complements this Convention, such an association should include consultation with the labour inspectorate on the introduction of such plant, materials or substances, and the methods of handling or processing products which require the use of dangerous machines or unhealthy or dangerous work processes. The Government is requested to indicate in its next report whether measures to this effect have been adopted or envisaged.

Article 19, paragraph 2. The Committee notes the Government's concerns regarding the administrative obstacles which prevent labour inspectors from being associated with any on-the-spot inquiry into the causes of occupational accidents and that new measures to remedy the situation were being envisaged. The Committee points out that this provision stipulates that labour inspectors shall be associated, where possible, with any on-the-spot inquiry into the causes of the most serious occupational accidents or occupational diseases, particularly those accidents or diseases which affect a number of workers or have fatal consequences. The Committee trusts that such measures have now been taken and that the Government will transmit with its next report any pertinent information as well as the appropriate legislative text or administrative regulation.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes the Government's reports for 1996 and 1997 and the partial information provided in response to a number of the Committee's previous comments. The Committee also noted the Government's statement to the effect that the information concerning the labour inspectorate's activities covers all economic sectors, including agriculture. The Committee has also examined the Government's reports concerning the application of Convention No. 81. However, it notes that no annual report on the activities of the labour inspectorate has been communicated to the ILO either under Convention No. 129 or Convention No. 81.

The Committee is therefore bound to again reiterate the need to publish annual reports, to enable the supervisory bodies of the ILO to regularly assess the manner in which effect is given to the Convention and to enable the social partners concerned to keep abreast of, to refer to, and actively participate in and contribute to the activities of the labour inspectorate in the manner provided for by the legislation. Where statistics are not classified according to economic sector of activity, the Committee is unable to assess the extent or effectiveness of the activities of the labour inspectorate. In order to do so, the Committee requires specific information on the activities of the labour inspectorate, as stipulated under Article 27 of the Convention, irrespective of whether such information is contained in the general annual report published by the labour inspectorate to assess the appropriateness of the material, financial and human resources set aside to ensure that conditions of work in the agricultural sector are met.

Moreover, the Committee notes the information provided by the Government to the effect that the inter-professional collective agreement of 20 July 1977, whose field of application at the time of adoption excluded employers and workers in the agricultural sector, now gives effect to the Convention. The Committee notes that the provisions of this inter-professional collective agreement establishes employer obligations which require close supervision by the labour inspectorate. The Committee therefore considers the publication of periodical statistics on the violations committed and sanctions imposed indispensable in this regard.

Finally, the Committee notes that copies of annual inspection reports are not transmitted to the representative organizations of employers and workers in the agricultural sector, as a consequence of which, these organizations are unable to formulate any observations they may have on the manner in which the Convention is applied.

The Committee addresses a direct request to the Government in relation to the application of Articles 1, 3, 6, 7, 8, 9, 12, 13, 14 and 21 of the Convention.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information provided by the Government in reply to its previous comments. It refers to its comments under Convention No. 81 as follows:

Article 6, paragraphs 2 and 3 of the present Convention is dealt with under Article 3(2), of Convention No.81, as follows:

Article 3, paragraph 2. The Committee notes the Government's statement that the additional duties conferred on the inspectorate, particularly those under sections 122, 139 and 159 of the Labour Code, do not interfere with the effective discharge of the primary duties of inspectors. In the absence of published annual reports on the activities of the inspection service, the Committee is unable to appreciate how far the primary tasks of the inspectorate, which include securing the enforcement of the labour laws and regulations through inspections, are in practice being discharged. Please provide further details.

Article 14 under Article 10, ibid, as follows:

Articles 10 and 16. The Committee notes the information that the number of inspectors is not sufficient in comparison to the duties entrusted to them but that the Government is encouraging graduates of the National School of Administration to pursue careers in labour inspection. It notes with interest that 15 additional inspectors are currently undergoing training. Please continue to provide particulars on the measures envisaged to ensure adequate inspection visits take place.

Article 15 under Article 11, paragraph 1, ibid, as follows:

Article 11, paragraph 1. The Committee notes the practical difficulties encountered by the inspection services owing to lack of material means. It also notes the Government's commitment to provide such means as soon as finances permit. Please continue to provide details in this respect.

Article 18, paragraph 2(b) under Article 13, paragraph 2(b), ibid, as follows:

Article 13, paragraph 2(b). The Committee notes that the draft section 91.4 in paragraph 4 would when adopted amend the current section 128 of the Labour Code, empowering inspectors to give orders requiring measures with immediate executory force in the event of imminent danger to health or safety of the workers. Please provide full details of further developments in this regard.

Article 21 under Article 16, ibid, as follows:

Articles 10 and 16. The Committee notes the information that the number of inspectors is not sufficient in comparison to the duties entrusted to them but that the Government is encouraging graduates of the National School of Administration to pursue careers in labour inspection. It notes with interest that 15 additional inspectors are currently undergoing training. Please continue to provide particulars on the measures envisaged to ensure adequate inspection visits take place.

Articles 26 and 27 under Articles 20 and 21, ibid, as follows:

Articles 20 and 21. The Committee notes once again that the annual report on the work of the inspection services has not been received by the ILO. It wishes to underline the importance it attaches to the compilation, publication and transmission of such reports as required by these provisions of the Convention to enable the Committee to verify the implementation of the Convention. It trusts the Government will ensure, in future, that these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.

The Committee requests further particulars on the following:

Article 2. The Committee notes that under sections 184 and 64 to 79 of the Labour Code and the provisions of Decree No. 65-124 of 2 April 1965, arbitration awards and collective agreements are considered subject to enforcement and obligatory. It would be grateful if the Government would provide further clarifications as to whether labour inspectors are specifically entrusted with the tasks of enforcing such awards and collective agreements in addition to enforcing laws and regulations.

Article 16, paragraph 2. The Committee would be grateful if the Government would provide indications of the provisions prohibiting unauthorized entries by labour inspectors into the private homes of operators of agricultural undertakings.

Article 17. The Committee wishes to draw the Government's attention to the particular requirements regarding the association of labour inspectors with preventive control activities in connection with new plant, new materials or substance and new methods of handling or processing products which appear likely to constitute a threat to health or safety (see also paragraphs 92-97 of its General Survey on Labour Inspection of 1985). It would be glad if the Government would indicate any measures taken or proposed in this regard.

Article 19, paragraph 2. The Committee notes the information provided but wishes to point out that section 86 of the Social Insurance Code is limited to requiring the inspector covering the scene of the accident to arrange for an inquiry into the case to take place and does not provide for a continuing association with such on-the-spot enquiries. Please provide full details of any steps taken to ensure the Convention is applied in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee takes note of the Government's first report. The Government is asked to refer to the Committee's direct request concerning Convention No. 81 with regard to the application of the following Articles of the present Convention.

Article 6, paragraphs 2 and 3. See under Article 3, (2), of Convention No. 81, as follows:

Article 3, paragraph 2, of the Convention. The Committee notes that, in addition to the functions set out in paragraph 1 of this Article, several other duties have been conferred on the Inspectorate of Labour and Social Legislation, particularly under sections 122, 139 and 159 of the Labour Code. Please indicate the measures taken to ensure that these duties do not interfere with the effective discharge of primary duties of the inspectors.

Article 9, paragraph 3. See under Article 7, (3), ibid, as follows:

Article 7, paragraph 3. While noting that the inspectors of the Inspectorate of Labour and Social Legislation are recruited from among students of the National School of Administration, the Committee requests the Government to indicate the measures taken to ensure that labour inspectors are adequately trained for the performance of their duties, both on entering the service and subsequently.

Article 14. See under Article 10, ibid, as follows:

Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorare of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.

Article 15. See under Article 11, ibid, as follows:

Article 11, paragraph 1. The Committee notes that the inspection services are encountering practical difficulties owing to the lack of material means at their disposal. Please indicate the measures taken or contemplated to remedy these difficulties.

Article 11, paragraph 2. Please indicate the arrangements made to ensure that labour inspectors are reimbursed for any travelling and incidental expenses which may be necessary for the performance of their duties.

Article 18, paragraph 2(b). See under Article 13, (2), (b), ibid, as follows:

Articles 13, paragraph 2(b). The Committee notes the Government's statement that, as part of the revision of the Labour Code, section 128 is to be amended to include a subsection empowering inspectors of labour and social legislation to make or have made orders requiring measures with immediate executory force in the event of imminent danger to the health or safety of the workers. It hopes that measures to give full effect to this provision will be taken shortly and requests the Government to provide information on any progress made in this respect.

Article 19, paragraph 1. See under Article 14, ibid, as follows:

Article 14. The Committee notes that, under section 80 of the Social Welfare Code, any occupational accidents or diseases noted in the workplace must be notified to the National Social Welfare Fund. Please indicate the manner in which the Inspectorate of Labour and Social Legislation is informed of cooupational accidents and diseases.

Article 21. See under Article 16, ibid, as follows:

Articles 10 and 16. Please indicate, bearing in mind the various duties conferred on the Inspectorare of Labour and Social Legislation, whether the number of labour inspectors is sufficient to ensure that workplaces liable to inspection are inspected as often and as thoroughly as is necessary.

Articles 26 and 27. See under Articles 20 and 21, ibid, as follows:

Articles 20 and 21. The Committee notes that the annual report on the work of the inspection services has not been received by the ILO. It hopes that, in future, these reports, containing information on all the subjects listed in Article 21, will be published and transmitted within the time-limit established in Article 20.

The Committee asks the Government also to provide information on the application of the following provisions of the present Convention:

Article 2. Please indicate whether and under what provisions labour inspectors are responsible for enforcing arbitration awards and collective agreements with force of law.

Article 4. Please indicate the provisions which determine the various categories of workers whose protection the inspection service is responsible for ensuring.

Article 16, paragraph 2. Please indicate the provisions which ensure that inspectors are prohibited from entering the private home of the operator of an agricultural undertaking without authorisation.

Article 17. Please indicate how labour inspectors are associated with preventive control activities.

Article 18, paragraph 4. Please indicate how employers and workers are informed of defects noted during inspection visits.

Article 19, paragraph 2. Please indicate how inspectors are associated with on-the-spot enquiries in the event of occupational accident or disease.